ACCEPTANCE OF TERMS
The Services provided herein are conditional upon the User's acceptance of compliance with these Terms and Conditions or any modification thereof from time to time by us.
We may at our discretion, with or without giving prior notice, at any time suspend the operations of this website or all or any part of the Services temporarily whether for the purposes of updating, upgrading, system maintenance or otherwise, and shall not be liable if the User is prevented from accessing the Services.
User may use the website Services only for the purposes for which and in the manner in they are intended.
The entire agreement between you and us shall include all the terms stated herein as may be modified by us from time to time and in the event where there is a discrepancy between the terms herein and the terms in any other contractual documents signed by us, the terms immediately appearing herein shall prevail.
We reserve the right to charge such fees for Service as may be necessary in our sole discretion.
All Advertisers who wish to use the Service shall open a bank account at such banks or financial institutions or subscribe to such online payment services as may be designated by us.
Advertiser agrees that we shall collect monies from such other users of the Service who may wish to purchase such Products from the Advertiser online and we shall only be obliged to pay the Advertiser upon receipt of such payment by us from the User and upon the lapse of any applicable time period where the User may have the rights to reject the Products.
Any postings on the Service are mere invitations to treats and a valid and binding agreement is only concluded upon the receipt of payment by us on behalf of the Advertiser from the User. All payments by Users shall be made to us as representatives collecting the same for the Advertisers. For avoidance of doubt, there shall be no binding agreement with the Advertisers until the price has been paid in full and received by us.
All photographs, graphical and/or pictorial depictions offered in the Service are informative in nature and such depictions or photographs shall not form part of the contract.
You understand and agree that we merely provider of the Service and it is the Advertisers who uses our Service to present or display their advertisements and therefore we do not control the Advertisers or other Users who may advertise display or trade using the Service, nor do we review or authenticate all listings or items offered. Accordingly, we encourage you to exercise discretion while browsing and using the Service. As such, in the event that you have a dispute with any one or more of the Advertisers and/or Users, you agree to release us and our affiliates (and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not represent or endorse the accuracy or reliability nor are we responsible or liable for the accuracy, copyright compliance, legality or decency of any of the material, information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from the Service, nor the quality of any products, information or other materials (the "Products") displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. We reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
We are also not responsible for the collection and remittance of any taxes. Users are responsible for all tax related issues that may arise. You are to provide us with all necessary information relating to withholding and other related tax issues relevant to your country of domicile and treaties at our request.
You also agree to indemnify and keep us harmless in respect of all losses, damages, costs and expenses which we may suffer or incur as a result of, arising from or in connection with any of your acts or omissions or any item which you may have listed on the Service
DESCRIPTION OF SERVICE
The User shall ensure that any information posted or permitted or caused to be posted by the User is true and accurate and shall be solely responsible for the contents therein.
The User shall promptly provide us, upon request, any additional information which we may consider necessary in providing its Services
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract or otherwise the lawful guardian of any persons not of legal age but intending to form a binding contract to use the Services and are not a person barred from receiving services under the laws or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and tour packages or services you offer (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) keep any password, User IDs or any other data issued by us for the purposes of personal identification and use of your account confidential at all times and not to allow others to use these. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
We may provide you with access to some parts of the Service without you registering as a user.
The Service is provided for informational purposes only, and no Content included in the Service (such as any financial or calculation tools) is intended for trading or investing purposes nor shall it constitute any specific advice given to you. You agree that you are solely and absolutely responsible for all sale or purchase or investment decisions made by you. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
We reserves the right to amend its Terms and Conditions from time to time as deemed appropriate by us, without giving prior notice. In addition to these Terms and Conditions, additional terms and conditions may apply to the use of certain of the Services as indicated elsewhere at this website.
Quoted price are indicative price and users should directly contact the service provider/ Tour Operator for firm and accurate quotation.
TourDas does not take any responsibility about the price, as the prices are directly published by Tour Operator or Service Provider
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content including such information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials you submit or make available for inclusion on the Service , you grant us a worldwide, perpetual, sub-licensable, irrevocable, royalty-free and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in print and/or in any other format or medium now known or later developed. You also agree that the intellectual property rights in any Content modified, adapted or amended by us shall be jointly owned by us
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Content such as photographs, advertisements, information, listings and articles owned by and posted by others
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service is used, the maximum number of days that that the Content will be retained by the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. In particular, but without limiting the foregoing, by using the Service, you hereby consent to our adoption of the practices as set forth herein in relation to your use of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time , in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits
MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Links to Other Sites
This website may contain links or references to other websites which may not be maintained by us. Similarly, other websites may contain links to this website. We are not responsible for the contents of those websites and shall not be liable to any person for any loss, damage or injury caused thereby or as a result of access to those websites. Any link to other websites is provided as a convenience to the User and does not imply the endorsement or verification of linked websites, the contents therein or association with their operators. We disclaims all responsibility and liability for the use of linked websites which the User accesses and uses at his own risk.
Any third party that wishes to establish links to this website is required to obtain our prior permission to do so. We may deny permission for any such links to this website. If however we give its permission for any such links, we shall not be obliged to establish reciprocal links with any website operated by the third party
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service or by Advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or our Advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL). IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS
WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU, (iv) THE INFORMATION, CONTENT OR ADVERTISEMENTS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS IN, ANY PART OF THE SERVICE OR THE MATERIALS. THE MATERIALS ARE PROVIDED OR MADE AVAILABLE BY US ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS OR THE PRODUCTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
Disclaimer of Warranties and Limitation of Liability
We makes no representations or warranties that the Services will meet the User's needs, or that the Services provided will be uninterrupted, timely, accurate, reliable, secure or error free or free from computer virus or other invasive or damaging code. We shall not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
We does not assume responsibility for any delay, failure or inability to gain access to or use this website or the Services due to any cause beyond its control, including acts of god, civil or ethnic unrest, shortage of material, industrial dispute, power failures, laws and regulations, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, import or export regulations or embargoes, acts or defaults of any telecommunications network operator or other service providers, severance or suspension of use of communication lines for reasons attributable to third party telecommunication carriers.
The Services are provided by us is on an "as is" and "as available" basis.
Whilst every effort is made to ensure that the information and materials provided are correct, we do not warrant their accuracy, adequacy or completeness and expressly disclaims liability for any errors or omissions in such data, information and materials.
The information contained in the Services is to be used only as a reference and is not intended to exempt any person from otherwise complying with the provisions of any regulations and/or laws specified in the Services.
We and our agents shall in no event be liable for any damages, losses or expenses including without limitation direct, indirect, special or consequential damages or economic loss suffered by the User or any other person or organisation as a result of: (i) any error or omission in the data, information or materials in the Services; (ii) system, server or connection failure; or (iii) any use of or access to any other website linked to this website; whether or not such loss was suffered as a result of reliance on such data, information or materials. This exclusion clause shall take effect to the fullest extent permitted by law.
We and our agents shall not be liable for any delay, loss or damage suffered by the User or any other person or organisation as a result of any damage to, delay or non-delivery of any Publication ordered or the use or misuse of this website service or use or inability to use any digital Publication including any mistakes, errors, omissions, interruptions, defects, viruses, deletion of files, delays in operation or transmission, or any other failure in the digital Publication.
The User assumes all inherent internet transactions and will not hold us liable under any circumstances whatsoever for any claim or demand which the User may have or be exposed to as a result of utilising the Services
EXCLUSIONS AND LIMITATIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 15 AND 16 ABOVE REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
TRADE MARK INFORMATION
Any logo, trade marks and service marks and other logos and product and service names are our trade marks and/or those of our licensors, suppliers, vendors, parent or holding company, as the case may be (the Marks"). Without the prior written permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be, you agree not to display or use in any manner the Marks.
All copyright, trademarks and other intellectual property rights comprised in the Materials used on, contained in or used in connection with the Services are our sole and exclusive property.
While the User is permitted to download and print the materials from the website for personal, commercial use provided User does not violate the provisions in these Terms and Conditions. Subject to such limited permission, User is not permitted to copy, transfer, distribute, reverse compile, adapt, modify, reproduce, republish, display, broadcast, hyperlink or transmit in any manner or by any means or store in any information retrieval system, any part of the website and Services without our prior written permission.
User must not create derivative works from the Materials or insert a hyperlink to this website from any other website or use any material contained at this website or indicate any association or link to this website without our prior written consent
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your advertisements or any other materials has been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
The nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another;
Where the material that you claim is infringing is located on the site;
Your full name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; AND
A statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
If you believe any of your advertisment or materials that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to the Copyright Agent:
Your full name, address, telephone number, and email address;
Identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. A statement that you consent to the jurisdiction of the courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complainant informing that we will replace the removed content or cease disabling it in 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice
No Right of Survivorship and Non-Transferability. You agree that your account with us is non-transferable and any rights to your ID or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The law shall govern all matters in connection with or arising from the use of the Services.
We and the User shall submit to the exclusive jurisdiction of the courts in respect of all matters in connection with or arising from the use of the Services.
A person who is not a party to the contract created between TourDas and the User for the purchase of any item through our Services shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of terms of the contract or these Terms and